News and Features
Al Gore will be playing a special political role in the future.
The election reveals a deep need for voting reform.
But as the bankers know, he loves some of us more than others.
Our drug laws, like those concerning voting, reveal bias and backward thinking.
Wait until next season. I've already started practicing my
chad-punching, and I suggest the same as therapy for all who feel ripped
off by the collusion between the US Supreme Court's right-wing
ideologues and George W. Bush's lawyers to prevent an accurate Florida
vote count. The electoral process will survive and Bush may even learn to
do the job, but the price of his victory is the court's denigration.
It took a non-ideological Republican appointee, a near-extinct breed
in the GOP, to puncture the outrageous hypocrisy of the Antonin
Scalia-led majority that defined a fair recount by the singular standard
that would leave Bush the winner.
In his dissent, John Paul Stevens wrote the indelible postscript to
this judicial farce: "Although we may never know with complete certainty
the identity of the winner of this year's presidential election, the
identity of the loser is perfectly clear. It is the nation's confidence
in the judge as an impartial guardian of the rule of law."
The so-called court conservatives simply had no sense of shame or even
proportion. Think of the conflicts of interest we learned about only in
the last few days: Clarence Thomas's wife is helping the conservative
Heritage Foundation recruit workers for a Bush administration, and Scalia
has two sons associated with key law firms representing Bush--one a
partner of Theodore Olson, who argued Bush's case before the high court.
It's also common knowledge that Chief Justice William H. Rehnquist and
Justice Sandra Day O'Connor indicated a desire to retire, but only if
Bush won and could replace them. In that event, Bush would likely appoint
Scalia as chief justice.
Common decency, let alone judicial integrity, should have left the
court's majority more hesitant in acting as agent for selecting the next
President. Instead of taking the high road and leaving the matter where
it belonged with the Florida Supreme Court--according to the federal high
court's own oft-avowed states' rights precepts--Scalia and company
insisted on halting the recount. Why? Because there wasn't time to do it
right. But whose fault was that? Bush's and the US Supreme Court's.
Had the statewide count of disputed ballots been allowed to fairly
conclude, it would have shored up our next President's legitimacy. If
Bush had won the electoral vote after a fair count in Florida, it would
have taken the sting out of his ascending to the presidency despite
losing the national popular vote.
The US Supreme Court's heavy-handed intrusion was as destructive of
confidence in our political system as it was unnecessary. As Justice
Stephen G. Breyer wrote in dissent, the majority ruling represented "a
self-inflicted wound--a wound that may harm not just the court but the
Never again will a President's appointment of a federal judge be
viewed by the public--and more important the Senate, which must confirm
it--as a neutral, nonpolitical act. Recall that even such hard-line
ideologues as Justices Thomas and Scalia were confirmed with votes from
Democratic senators who thought it important to give the President the
benefit of the doubt. Next time anyone of discernible ideological bias is
nominated, there will be unprecedented senatorial gridlock. For that
reason, the real test of the Bush presidency will be his appointments to
the federal courts.
It is the same test faced by his father: Will they be true moderates,
such as Justice David H. Souter, a man capable of complex legal thought,
or another Thomas, whose most sentient act is to look to Scalia, then
vote? What a sad comment that the man who replaced Thurgood Marshall as
the only African-American on the court should now, in helping to block
the recount, so brazenly mock Marshall's lifelong crusade to insure the
sanctity of the black vote.
In any event, the court has handed the nation George Bush as
President, and we can live with that and even entertain hopes that he
will rise to the occasion, despite an obvious lack of preparation. Deep
down, if one can presume such a thing, he seems a decent sort. If he just
keeps in mind that most of the voters rejected him, he might resist Tom
DeLay's ultra-rightists in the House and pursue a moderate legislative
course. In any case, now that Joseph Lieberman will retain his seat, the
Senate will be evenly divided, and centrists of both parties will be
calling the shots.
But what we cannot live with is an even more politicized judiciary
dominated by right-wing ideologues. The GOP's far right will want strong
proof that its aggressive campaigning for Bush is rewarded, and its prime
goal is complete control of the federal judiciary, which is why Senate
Republicans blocked scores of Bill Clinton's judicial appointments.
However, if Bush attempts to reward his rabidly conservative backers by
placing their favorites in high positions in the federal judiciary, he
will tear this country apart. And next time, his opponent's chads will be
punched so forcefully that even the Supreme Court won't be able to save
We know what they're afraid of. Cut through the Republican verbiage
that has clogged the airwaves and courts and you find one simple but
disturbing point: They fear an accurate vote count because it might prove
that Al Gore has the votes to be fairly elected President.
That's been their concern since election night, when they began their
drawn-out process of obstruction, and if they succeed in once again
killing the manual count through their US Supreme Court appeal, George
W. Bush's victory will stand as a low point in the annals of American
The indelible impression left on our history will be that Gore won
both the popular and electoral vote and that he and the voters were
cheated out of that victory by a US Supreme Court dominated by
political ideologues appointed by Republican Presidents. If the Justices
cared a whit about the sanctity of the vote, they would have let the
manual-counting process decreed Friday by the Florida Supreme Court
continue. If that had resulted in a Bush win, we should all have
gracefully acknowledged his victory.
Bush, who lost by more than 330,000 in the popular vote--what most of
us grew up thinking of as the real election--may now squeak by with an
electoral college win resulting from a ruling by the right-wing-led US
Supreme Court. During the campaign, Bush cited Antonin Scalia and
Clarence Thomas as his judicial role models, and he has been amply
rewarded. Legal gobbledygook has replaced reason when the mere act of
fairly counting the votes of the citizens is halted to suit the political
agenda of the party that appointed the majority of the Justices.
In a close election, a manual count of all votes not counted by the
antiquated voting machines is a statutory mandate in many states,
including Florida and Texas, and should have been the common-sense demand
of both candidates in Florida. If that simple standard--accurately and
fairly counting all of the votes to ascertain the intent of each
voter--had been asserted in a bipartisan manner, there would have been no
reason for the subsequent confusion and the never-to-end questioning of
the legitimacy of our next President.
Instead, unprecedented rancor will mark the next years of our
politics, mocking all efforts at bipartisan cooperation. This will be
particularly true in battles over the judiciary, which, more than ever,
will come to be viewed widely as a partisan tool.
The Florida election will always be too close to call in a manner that
would leave partisans of both sides totally satisfied. Whoever loses will
feel ripped off, but the denigration of the Florida Supreme Court and of
Gore's legal challenges by top Bush Republican spokesperson James Baker
has gone too far. Twice now he has smeared the motives of Florida Supreme
Court justices for daring to come to conclusions not to Baker's liking.
Yet he reached a new low Friday in disparaging the right of a
presidential candidate--who has won the national popular vote and is only
three electoral votes from victory--to ask for a judicial review of the
obviously deeply flawed Florida election results.
Get real. Both Baker and Bush know they would do the same had the
results gone the other way. Yet they self-righteously abandoned civility
when the nation most needed it. There are no villains in this election,
only imperfect machines and people, but the Bush camp has vilified the
Gore camp for daring to seek a fair adjudication of such matters.
We are still a nation of laws, and it was unconscionable for Baker to
blast Gore for appealing to the Florida state high court at the very time
Bush's lawyers raced to the federal courts in an unseemly departure from
the GOP's commitment to states' rights. In Baker's view, the problem is
not that we have a razor-close election and flawed voting procedures, but
rather that Gore dares to assert his legal rights: "This is what happens
when, for the first time in modern history, a candidate resorts to
lawsuits to overturn the outcome of an election for President. It is very
sad. It is sad for Florida. It is sad for the nation, and it is sad for
Hogwash! What is sad is that tens of thousands of African-American and
Jewish voters in Florida were systematically denied their right to vote
by poorly drawn ballots, malfunctioning voting machines and unhelpful
voting officials. What is sad is that election officials in two counties
turned over flawed Republican absentee ballot applications for
corrections by Republican Party officials but did no such favors for
What would be most sad--indeed, alarming--is if a partisan US
Supreme Court proves to be an enemy of representative democracy.
The Oakland Raiders lost by one point Sunday, and it was all my
fault. My concentration as their most fanatical fan was broken by
constantly switching to CNN to watch overpriced lawyers in a
mud-wrestling contest in the Leon County Circuit Court. What was I
thinking? How could my priorities be so screwed up?
The Super Bowl is still a prize worth pursuing, but the presidential
race doesn't matter anymore. The declared winner of that contest will be
the loser, done in by the unrelenting hostility of the opposing crowd
jamming his signal-calling. Even his most ardent supporters, with an eye
on the 2002 Congressional elections, are anxious as they watch their man
kill the clock. Whichever way the Florida skirmish goes when it's finally
over, for the next two years, George W. Bush and Al Gore will smash
repeatedly, for little or no gain, into a very crowded center.
Sure, I'll continue to be outraged at the Bush franchise for pulling
off a bogus victory in Florida, giving their man the title despite being
357,852 points behind in the national score. But after mulling this over
while I wait for the pundits' parking lot to clear, I've concluded this
rigged defeat will be good for the Dems' team, which will come back all
the tougher to win another day. Back to the practice field to work on
Anyway, it's time to turn off the TV and get a life. I just can't
watch any more of those instant replays of disconnected chads and folksy
judges. Enough with the coaches' appeals to the refs to see if man or
nature, i.e. the ground, caused the fumble.
Gore did fumble, but he's played much better in the postseason, and
even though he's almost a sure loser, he's a cinch to be be re-signed by
the Democrats as their chief signal-caller for the next season. If Bush
remains sulking in the locker room, as he has in the past weeks, his
performance as President will leave the fans demanding Gore's return.
The good news is that recruiting for the progressive side is going
very well. Hillary Rodham Clinton may have to redshirt for a few years
while she learns the ropes, but I'm betting on her to be leading the
league in no time. Trent Lott should have been thrown out of the game for
his un-sportsman-like conduct suggesting that Hillary might be hit by
lightning before she was able to take her place in the Senate, but it
will only make her a stronger force. Then there's Maria Cantwell, who
pulled off a big one for the Dems in Washington state last week, which
the league finally certified. With four first-round draft picks who are
strong pro-choice women added to the Senate, it's the end of the season
for overturning Roe v. Wade. Beginning with abortion, in fact, forget
any serious sweep to the right on social issues, or you can kiss
Republican chances goodbye next time.
Cantwell's victory brings the Dems up to equal strength in the Senate
if Bush is president, and ahead by a lone Republican vote if Gore should
pull off a miracle and claim victory (thus taking Joe Lieberman out of a
Senate seat that would go to a Republican). In either case, a single
defection, say of John McCain, who has already stated he won't be
following Lott's game plan, could change the outcome.
The big play in the next Congress will be a McCain-Feingold campaign
finance reform end-run that neither Lott nor the House Republican
leadership will be able to block. That's a rule change giving the fans in
the cheaper seats a say, which Bush wouldn't dare to veto.
If the Republicans can still count the trainers' fingers, they know
that the unexpected pickup of four Democrats in the Senate and the
popular vote victory of Gore secures Bill Clinton's place as a
hall-of-famer. Bush only did as well as he did because he stole from the
That should put Tom DeLay and his right-wing cowboys in the House out
of contention no matter who's the president. Remember that guy Gingrich,
who used to play for them? In the end, he was nothing but trash talk;
even the Capitol groundskeepers forgot his name.
Sounds like a lot of wait-until-next-year hype? Maybe, but, remember,
I'm a Raiders fan. We know nothing ever goes as expected, not even the
name of your hometown. We know this is no time for false confidence,
because the refs are always against us, and the owner of our team has a
way of selling us out just when we think we could be on a winning streak.
We know that if the Dems don't continue to play aggressive ball, and
instead fall into some cowardly prevent defense, they could still fold.
Then it'll be time to trade Gore.
Was it only a few short weeks ago that I turned on the TV in my hotel room to hear conservative commentator Tucker Carlson explain to Don Imus that Gore would win the Floridian chadfight because Republicans were too nice, polite, modest and fair to get down and dirty like the Democrats? That was before a small army of rowdy Republicans descended on Palm Beach, Broward and Miami-Dade counties and successfully intimidated election officials while turning themselves into a media spectacle halfway between a fraternity brawl and an ancient Roman mob. Like the false announcement of a Bush victory on election night--courtesy, we now know, of a Fox TV reporter who is a cousin of George W. Bush--the demonstrators helped produce the mistaken but widespread impression that Bush had won an election that Gore was trying to undo, when in fact the election, as I write, is still undecided. According to the Wall Street Journal and other papers, the demonstrators, originally portrayed as John Q. Publics following their hearts to Florida, are GOP operatives and Congressional staffers financed by the Bush campaign, which is putting them up in Hilton hotels and entertained them on Thanksgiving with turkey and a performance by Wayne Newton.
Al Gore's position is that there should be an accurate count of the Florida vote--the fraudulent nature of which becomes daily more obvious. What's wrong with that? Outrageous, say the Republicans; boring, say the media, which from the start urged "closure," like a prosecutor urging a quick lethal injection so that grieving survivors can start "the healing process." Flip a coin, advised Ralph Nader, fliply.
And what of Nader? Campaigners have been quick to put a brave face on his unimpressive 2.7 percent--unmentioned now is the magic 5 percent that would bring the Greens federal funds and that they themselves had made a central rationale for a Nader vote. "We accomplished what we set out to do," Nader campaign manager Theresa Amato told me. "We helped the Greens, we raised issues, we got new people into the political process. The Greens are now the leading third party, the only viable third party. I'm positive, I'm upbeat, I'm not depressed in any way." Longtime Green activist and former member of the town council of Princeton, New Jersey, Carl Mayer was even cheerier, telling me that Nader had mobilized 150,000 volunteers and 50,000 donors and sparked the formation of some 500 local Green organizations and 900 campus groups, and crediting him with "changing the tenor of the whole race" by pushing Gore to take populist stands against the drug and oil industries. Mayer even argued that it was because of Nader that President Clinton declared wilderness areas national monuments in several Western states and that the FDA approved RU-486. Unlike virtually every other Nader supporter in America, Mayer not only accepted the mainstream analysis that Nader votes had cost Gore the election (assuming Bush wins), but said it didn't bother him a bit.
One hesitates to inject a discouraging word, but 2.7 percent of the vote is not a lot. It puts him in the company of conscience candidates like Barry Commoner, but behind most major third-party challengers in recent memory. Even John Anderson--who?--and his National Union Party--what?--eked out 6.6 percent in 1980. Sure, you can spin these gloomy stats--Nader got more votes than any progressive third-party candidate since 1948! Nader would have gotten lots more votes but for the closeness of the Bush-Gore contest, which kept Dems in the fold! Third-party runs aren't about votes, they're about changing the discourse! But when I think about how many furious letters and e-mails I got for writing skeptically in this space about the possibility of a meaningful third party, especially a progressive one, I have to say events have borne me out. I said that in the end most voters would stick with the two parties because the differences that seem small to Naderites are concrete and significant to them, because the two-party system is the way civic favors and services are distributed and because people understand that the winner-take-all system insures that a left-leaning third party throws elections to the Republicans--as the Republicans understood when they ran Nader's attacks on Gore as ads for Bush.
Commentators will be analyzing the Nader vote for months, and no doubt the campaign could have done some things better or not at all: the invisible and tokenistic vice presidential candidacy of Winona LaDuke, the waffling over whether to go for votes in toss-up states, the attacks on "frightened liberals." But even a perfect campaign would run up against the structural obstacles that have rendered marginal every modern attempt to build a strong and lasting third-party alternative to the two- party "duopoly."
Future elections will be even tougher. Whoever wins the presidency, people now know every vote counts--the frightened liberals are really frightened now. If Bush wins, the energy left of center will go into re-electing Democrats--any Democrat. Meanwhile, the small Nader vote--only 2 percent of Democratic voters chose him, while 11 percent chose Bush--means that the Democratic Party will move, if anywhere, rightward. The Greens may move that way also; after all, they failed to dislodge the old progressive voting blocs--feminists, blacks, Hispanics, Jews, labor. The typical Nader voter was a young white man, college educated but income poor. Nader did well among students, independents and Perot voters; outside a few left strongholds--Madison, Portland, Berkeley, western Massachusetts--his best counties were rural, his best state Alaska (10 percent), of all places. None of this sounds like a recipe for a powerful progressive voting bloc. In an interesting post-mortem on the Newsforchange website, Micah Sifry argues that the Greens may be too far left for the actually existing electorate and that the future lies in the "radical middle," from which sprang Jesse Ventura and Ross Perot. In other words, for leftists to achieve even the momentary electoral prominence of the now-moribund Reform Party, they have to be more, well, conservative.
It took George W. Bush a matter of days--if not hours--to prove that he doesn't believe his own different-kind-of-Republican rhetoric and that he is leading a squad as loaded with partisan hacks as the other team. He doesn't trust the people--at least, the people of the recount counties who want to make sure every chad counts. (The Bush-league spin that manual recounts are less accurate than Ouija boards was demolished by computer scientists and voting-machine experts, who maintain that well-managed hand counts are without question more accurate than machine feeds.)
Bush also shows his promise to be a unifier, not a divider, to be counterfeit. Relying on the impression created by the networks' false projection of him as the victor--a call first made by his cousin the vote projector at Fox News--Bush and his lieutenants portray every move that works against them in Florida as part of a conspiracy to "steal" the election from the rightful winner. This is the way to foster unity and healing? The Bush camp then played an ugly card by accusing Democrats, who were following the traditional practice of carefully vetting overseas absentee ballots, of seeking to disfranchise the men and women of the armed forces. What of the men and women who serve as firefighters, inner-city teachers and ER nurses in the disputed counties--did the Republicans care about registering their votes?
Al Gore was pegged as the candidate who would say or do anything to win, but clearly Bush is willing to do whatever it takes to score in Florida. Yes, the Democrats assaulted Florida Secretary of State Katherine Harris, but imagine the fury of Republican spinmeisters if a Democratic state official tied to the Gore campaign had voided a Bush-requested recount.
Given the closeness of the election and the rampant problems with vote-counting in Florida and elsewhere, neither Bush nor Gore can be a clear winner. A system of counting 100 million votes cannot be expected to be accurate to within 0.001 percent. But beware the drawers of lessons, those voices from on high who pronounce this split decision a mandate for centrism. Both candidates ran toward the center, and neither achieved a majority. (If one combines the Ralph Nader and Al Gore vote, there's a 52 percent center-left majority; but given the differences between Goreism and Naderism, could that be a workable majority?) Moreover, campaign centrism again failed to inspire most Americans. Nonvoters outnumbered Gore or Bush voters. Under such circumstances, a pundit-approved mandate would be a figment of the political class's imagination. With roughly half of Americans choosing not to choose, the winner can claim only slightly less than one-quarter support. Had Bush or Gore won by 5 percentage points, he still wouldn't have a popular mandate.
The no-decision election of 2000 may result in sorely needed electoral reforms. But will it convince the next President and the pols to rethink the notion that the center is all? Doubtful: The sad fact is that even more than in previous years, the winner of Campaign 2000 will no doubt be fixated on his re-election as the way to legitimize his very iffy win--and re-election mania breeds caution. After this contest, it's likely that the permanent campaign will become even more permanent. The election of 2000 will very possibly not be settled until 2004.